Tony Kett (Fianna Fail)

The Bill could represent a contravention of the fundamental requirements of the Constitution. It proposes to treat as equal all conjugal relationships involving cohabiting partners. Under Article 41, they are not equal. Additionally, while seeking to vindicate the rights of cohabiting couples, it ignores the duties that come with their relationships, including the duties of care to children and the rights of children in those circumstances.

The Bill is quite general in respect of the Family Law Act 1995 and the Civil Registration Act 2004. Questions in this area are difficult to address because, while the Constitution clearly recognises the family as the natural and primary fundamental unit of society, the rights of married couples are complex. These rights are not just covered by the Constitution but also by common law and statute law.

I recognise and respect Senator Norris's passion for this Bill. I hope that when we finally set our sights on coming to terms with all the fundamentals of the Bill, as I hope we do, we can meet somewhere in the middle such that the Senator and the Government will be happy and the Constitution will be intact.